State v. Willis

• Decision Date: 31 January 1866
• Citation: State v. Willis, 37 Mo. 192 (Mo. 1866)
• Parties: THE STATE OF MISSOURI, Appellant, v. ALBERT WILLIS, Respondent.
• Court: Missouri Supreme Court

37 Mo. 192

THE STATE OF MISSOURI, Appellant,

v.ALBERT WILLIS, Respondent.

Supreme Court of Missouri.

January Term, 1866.

Appeal from Laclede Circuit Court.

WAGNER, Judge, delivered the opinion of the court.

The indictment in this case charges that the defendant did, on the 11th day of April, 1864, “at his place occupied for that purpose, unlawfully deal as a merchant, without then and there having a license authorizing him to deal as a merchant, by then and there selling to one D. A. W. Morehousearticles of merchandise, which articles” were not. &c.

The defendant filed his motion to quash, which was sustained by the court and the State appealed.

The indictment is framed on the law of 1858-9 (Session Acts, p. 53).The first section declares that “every person or co-partnership of persons who shall deal in the selling of goods, wares, and merchandise, at any store, stand or place, occupied for that purpose, is declared a merchant.”The second action enacts that no person “shall deal as a merchant without a license first obtained according to law.”

Whilst the indictment is very inartificially and informally drawn, we are of opinion that it is sufficient.No indictment shall be affected for any “defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.”(R. C. 1855, p. 1176, §...